Briles v. Hurley

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from a judgment sustaining a demurrer to the plaintiff's evidence in an action for damages resulting from a collision between an automobile and a harvester-thresher combine on an unimproved highway.

The salient facts may be stated thus.

On October 24,1961, at approximately 6:00 p. m. the plaintiff was driving a 1958 Oldsmobile automobile south in the 400 block on South Main Street, in Haysville, Kansas. The street was not improved. The weather conditions were clear and dry. It was dark and the street was dusty. It was…